Florida Tree Law

Started by TeresaC2 • 5 replies • 2760 views

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TeresaC2 (Florida)
Posts: 1

Posted:

I have a neighbor who Thinks we share a tree that is on my property. This tree may be one or two inches on his property line .The tree is over 4 ft. around in size. He doesn't want me to cut this tree down or trim it at all. Is there anyone who knows the law on this issue? thanks- Teresa Conlin

DonnaS (Tennessee)
Posts: 5,671

Posted:

Teresa,

I have 2 suggestions. Get an accurate survey and call a lawyer. There is no Florida law but you might find a case or 2 similar to yours. If indeed the tree is shared by both properties, you probably will not cut the tree down without going legal on this.

When trees and bushes are planted on property lines, cannot people figure it out that they just might grow outward onto a neighboring property?

TishS (Washington)
Posts: 116

Posted:

First I would check with the city and county if you really wanted to cut this tree. You would not be able to cut that tree in my county unless it was unhealthy. and then you would be forced to replace it with a like tree,that is one big tree.

2nd dont go to war with your neighbor if you dont have to, but unless Florida law is significantly different you should be able to trim the portion of the tree encroaching on your property

DonnaS (Tennessee)
Posts: 5,671

Posted:

Tish,

The discription of the tree from the poster seems that the base of the tree has grown onto both properties. If it was branches that have encroached, then yes, the neighbor could trim the portion overgrowning into that neighbors airspace but this sounds like the base of the tree.

The HOA may have it's own rules on removing trees and replacement of another tree but as a long time Florida resident, trees grow faster that a speeding bullet so there are few laws on tree removal unless it is an endangered specie.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Teresa ... you will need to call your local city or county authorities to see for sure what the laws are for your area. If the tree is encroaching into utility lines usually the city will trim at no charge in many areas. If you get someone to come out from a government agency, you also might get something from them in writing stating who's property the tree belongs to help keep your neighbor from having a tantrum. Here is short info about Florida tree laws: http://www.ehow.com/list_6969377_florida-laws-cutting-down-trees.html

MicheleH1 (Florida)
Posts: 14

Posted:

Either party may trim the portions of the tree that are on their property, however, no one can cut it down without approval and then replacing it with the same type of tree. (We got in trouble after a hurricane {Jeanne} when 4 trees were knocked down and we did not replace them.

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